Patchogue, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-45

A. Enforcement. This chapter shall be enforced by the Building Inspector, his assistants and authorized representatives, or by any person designated specifically for such purpose by the Board of Trustees of the Village or by any duly constituted police authority. Any person responsible for enforcing the provisions of this chapter shall have the right of access to and entry upon and into private property or any building covered by this chapter or reasonably believed to be covered by this chapter, but such entry shall not be made into a private building over the objection of any occupant thereof or, in his absence, without such officer first having secured and executed a proper search warrant. However, there shall be no obligation upon the part of such officer to obtain a search warrant and, if access to the premises is denied to such officer, such denial shall constitute prima facie evidence that a violation exists in any legal proceeding in any court thereafter. In any criminal proceeding, however, the burden of proof shall remain upon the people as in any other criminal proceeding, but in determining whether or not such burden has been met, the trier of the facts may consider the denial of access to be prima facie evidence of the existence of the violation. Notwithstanding anything aforesaid to the contrary, nothing in this Code shall be deemed to provide for or permit the search of the interior of any owner-occupied premises, no part of which is held for let or for rental purposes; and the denial of access to any such premises shall not constitute prima facie evidence of the existence of a violation as set forth in this section. However, if a portion of such premises is held for let or for rental purposes, an inspection and/or search of the owner-occupied portion shall be permitted in order to determine whether or not conditions in such portion exist which have or may have a detrimental or hazardous effect upon the rental portion. (1) The Building Inspector may designate as unfit for human habitation and post appropriate notices upon any dwelling units, rooming house or rooming unit having any of the following defects: (a) The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public. (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public. (c) The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with this Code, is unfit for human habitation. (2) Order to vacate. (a) Where required in order to safeguard life or property, the Building Inspector may order any dwelling, dwelling unit, rooming unit or rooming house to be vacated forthwith. A copy of such order to vacate shall be served on the occupant and owner, agent or operator. Such premises shall then be vacated within such reasonable time as the Building Inspector may specify in his order. No such dwelling, dwelling unit, rooming unit or rooming house shall again be used for human habitation and no notice thereupon shall be removed until written approval is secured from the Building Inspector. Any person who shall deface or remove any notice referred to in this chapter from any such building or unit which has been designated as unfit shall be guilty of a violation of this chapter, regardless of whether or not such person is an occupant or owner of the premises. (b) In the event that any occupant of such premises shall fail to vacate within the time specified by the Building Inspector in his order, the Village of Patchogue may apply to a term of the Supreme Court of the State of New York, to be held in and for the County of Suffolk, for an order directing the removal of said occupant, and further directing that, upon said occupant's failure to remove, the Sheriff of Suffolk County be directed to eject said occupant as upon a proceeding for the recovery of real property as set forth in the Real Property Actions and Proceedings Law of the State of New York. All of the costs and expenses of such application and all of the proceedings pertaining thereto, including but not limited to reasonable attorney's fees, shall be assessed against the premises and shall be a lien against said property in the same manner as all other assessments levied by said Village of Patchogue. (3) The owner, agent or operator of any dwelling, dwelling unit, rooming unit or rooming house which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming unit or rooming house safe and secure in whatever manner the Building Inspector shall deem necessary, including but not limited to the securing of all doors and windows against unauthorized entry. B. Penalties for offenses. (1) General provisions. (a) For every violation of § 238-5 , the responsible party: [1] Upon conviction of a first offense, shall be guilty of a violation as defined in the Penal Law and be punishable by a fine of not more than $2,000 or imprisonment for not more than 15 days, or both; [2] Upon conviction of a second offense within a five-year period, shall be guilty of a violation as defined in the Penal Law and be punishable by a fine of not more than $2,000 or imprisonment for not more than 15 days, or both; and [3] Upon conviction of a third offense within a five-year period, shall be guilty of an unclassified misdemeanor as defined in the Penal Law and shall be punishable by a fine of not less than $2,000 or imprisonment for not more than six months, or both. Each day's continuing infraction shall constitute a separate offense. (b) For every violation of any other provision of Chapter 238 , the responsible party shall be guilty of a violation as defined in the Penal Law and be punishable by a fine of not more than $2,000. Each day's continuing infraction shall constitute a separate offense. (2) Any occupant who shall be in violation of those provisions of this chapter, compliance with which he is responsible for under the provisions thereof, shall be subject to eviction and damages for a breach of lease pursuant to the provisions of the Real Property Actions and Proceedings Law of the State of New York. Where an owner of any premises is responsible for a violation of those provisions of this chapter which fall within his primary responsibilities for compliance under the provisions of this chapter, and which responsibilities are not referred to in § 238-43 as being those of the occupant, the premises shall be subject to a rent abatement, which may be fixed by any court having jurisdiction, for the period during which any such violation shall exist, and said owner shall be responsible to the occupant in damages, including but not limited to any expense to which the occupant may have been put to cure any such violation.